If a jailer or other officer, or private correctional officer aid or voluntarily suffer a prisoner convicted or charged with felony to escape from his custody, he shall be deemed guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than five years. If any such jailer or other officer, or private correctional officer negligently, but not voluntarily, suffer a person convicted of or charged with felony, or voluntarily or negligently suffer a person convicted of or charged with an offense not a felony, to escape from his custody, or willfully refuse to receive into his custody any person lawfully committed thereto, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not less than six months, or be fined not exceeding $1,000, or both such fine and confinement.
W. Va. Code § 61-5-9
Permitting escape; refusal of custody of prisoner; penalties
Known as the Jerry Alan Jones Act
The act spans §§ 61–61 (34 sections).
Applied in 1 court decision — leading case Rhodes v. Smithers (1995)
Most recently applied in Rhodes v. Smithers (September 1995)
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.